Pub Date : 2020-06-16DOI: 10.4337/9781800885349.00013
D. Burk
Legal scholarship has begun to consider the implications of algorithmic pattern recognition systems, colloquially dubbed “artificial intelligence” or “AI,” for intellectual property law. This emerging literature includes several analyses that breathlessly proclaim the imminent overthrow of intellectual property systems as we now know them. Indeed, some commentators have prophesied the demise of patentable innovation under the influence of AI research and development tools. Although AI systems pose fundamental challenges to the many areas of law and legal institutions, careful consideration suggests that intellectual property generally, and the patent system particularly, encompasses sufficient flexibilities to address AI innovation. In many cases, previous accommodation of biotechnology within the patent system points the way similar accommodation of AI tools. However, the incorporation of AI innovation into patents reveals a significant gap in patent doctrine regarding issues of causation, which deserves resolution quite apart from the unnecessary furor over the intersection of AI and patent doctrine.
{"title":"AI patents and the self-assembling machine","authors":"D. Burk","doi":"10.4337/9781800885349.00013","DOIUrl":"https://doi.org/10.4337/9781800885349.00013","url":null,"abstract":"Legal scholarship has begun to consider the implications of algorithmic pattern recognition systems, colloquially dubbed “artificial intelligence” or “AI,” for intellectual property law. This emerging literature includes several analyses that breathlessly proclaim the imminent overthrow of intellectual property systems as we now know them. Indeed, some commentators have prophesied the demise of patentable innovation under the influence of AI research and development tools. \u0000 \u0000Although AI systems pose fundamental challenges to the many areas of law and legal institutions, careful consideration suggests that intellectual property generally, and the patent system particularly, encompasses sufficient flexibilities to address AI innovation. In many cases, previous accommodation of biotechnology within the patent system points the way similar accommodation of AI tools. However, the incorporation of AI innovation into patents reveals a significant gap in patent doctrine regarding issues of causation, which deserves resolution quite apart from the unnecessary furor over the intersection of AI and patent doctrine.","PeriodicalId":326341,"journal":{"name":"The Future of Intellectual Property","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127082372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781800885349.00010
Emmanuel Kolawole Oke
{"title":"Defining intellectual property as an investment","authors":"Emmanuel Kolawole Oke","doi":"10.4337/9781800885349.00010","DOIUrl":"https://doi.org/10.4337/9781800885349.00010","url":null,"abstract":"","PeriodicalId":326341,"journal":{"name":"The Future of Intellectual Property","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129889608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781800885349.00011
Abbe E. L. Brown
{"title":"Rights to do, rights to prevent, and an intersected approach? Lessons from intellectual property, information control and oil and gas","authors":"Abbe E. L. Brown","doi":"10.4337/9781800885349.00011","DOIUrl":"https://doi.org/10.4337/9781800885349.00011","url":null,"abstract":"","PeriodicalId":326341,"journal":{"name":"The Future of Intellectual Property","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122543691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Copyright is an area of law where the need to ensure remuneration of creative labour has traditionally been addressed with the progressive establishment of distinct rights in favour of a broad range of creators. Despite its broad scope, copyright today is ultimately ineffective because creators’ revenues depend mainly on the arbitrary and secret decisions a handful of technology companies make on prices and conditions of access to their social media and streaming services. Since platforms’ commercial value lies much more in their data infrastructure than in the content they provide, creators would be likely to gain higher and fairer remuneration if they were granted rights to transparency and access to data on the exploitation of their works. EU online platform regulations and a recent US music copyright reform provide useful examples for how copyright can ensure remuneration for creators in the online environment.
{"title":"A data-driven approach to copyright in the age of online platforms","authors":"G. Mazziotti","doi":"10.2139/ssrn.3655027","DOIUrl":"https://doi.org/10.2139/ssrn.3655027","url":null,"abstract":"Copyright is an area of law where the need to ensure remuneration of creative labour has traditionally been addressed with the progressive establishment of distinct rights in favour of a broad range of creators. Despite its broad scope, copyright today is ultimately ineffective because creators’ revenues depend mainly on the arbitrary and secret decisions a handful of technology companies make on prices and conditions of access to their social media and streaming services. Since platforms’ commercial value lies much more in their data infrastructure than in the content they provide, creators would be likely to gain higher and fairer remuneration if they were granted rights to transparency and access to data on the exploitation of their works. EU online platform regulations and a recent US music copyright reform provide useful examples for how copyright can ensure remuneration for creators in the online environment.","PeriodicalId":326341,"journal":{"name":"The Future of Intellectual Property","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130148269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781800885349.00008
Roberto Garza Barbosa
{"title":"Intellectual property primary and secondary rights in international law: The case of Mexican Pharmaceutical Patents and the USMCA","authors":"Roberto Garza Barbosa","doi":"10.4337/9781800885349.00008","DOIUrl":"https://doi.org/10.4337/9781800885349.00008","url":null,"abstract":"","PeriodicalId":326341,"journal":{"name":"The Future of Intellectual Property","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122183886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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